Strauser v. Mechanicsburg Learning Center

Filing 10

ORDER denying deft's MTD 5 as MOOT & without prejudice & directing deft to respond to amended complaint in acc w/ FRCP. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 11/14/17. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DESIRAE MARIE STRAUSER,
Plaintiff
v.
MECHANICSBURG LEARNING
CENTER,
Defendant

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CIVIL ACTION NO. 1:17-CV-1653
(Chief Judge Conner)

ORDER
AND NOW, this 14th day of November, 2017, upon consideration of the
motion (Doc. 5) to dismiss filed November 3, 2017 by defendant pursuant to Federal
Rule of Civil Procedure 12(b)(6), and further upon consideration of plaintiff’s
amended complaint (Doc. 9) filed November 13, 2017, and the court noting that an
amended pleading supersedes the original “in providing the blueprint for the future
course of the lawsuit,” Snyder v. Pascack Valley Hosp., 303 F.3d 271, 276 (3d Cir.
2002); see also 6 CHARLES ALAN WRIGHT ET AL., FEDERAL PRACTICE AND PROCEDURE
§ 1476 (3d ed. 2015), and the court thus finding that the amended complaint renders
the original complaint a nullity, it is hereby ORDERED that:
1.

Defendant’s motion (Doc. 5) to dismiss is DENIED as moot and
without prejudice.

2.

Defendant shall respond to the amended complaint (Doc. 9) in
accordance with the Federal Rules of Civil Procedure.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania